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Definition, Function, and Scope of Legal Drafting Suwandi, Suwandi; Dani, Muhammad Prian
AT-TAFAHUM: Journal of Islamic Law Vol 6, No 1 (2022)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.7006/attafahum.v6i1.29191

Indonesia, as a nation governed by the rule of law, demands high-quality legal products to ensure legal certainty, justice, and the benefits of law in social and state life. However, in practice, various legal problems are still frequently encountered due to poor drafting of legal documents, such as regulations with multiple interpretations and unclear contracts. Therefore, this study aims to comprehensively examine the definition, function, and scope of legal drafting as an important basis for the formation of good legal documents. The research method used is normative legal research with a qualitative approach through library research, by reviewing various literature, journals, and the opinions of relevant experts. The results show that legal drafting is a process of preparing legal documents that requires precise language, clear systematics, and a deep understanding of legal substance. Legal drafting has an important function in creating legal certainty, regulating and controlling behavior, providing legal protection, and serving as a guideline for dispute resolution and a means of social engineering. The scope includes legislative drafting, contract drafting, regulatory drafting, and judicial drafting. In conclusion, good mastery of legal drafting is essential for legal students and practitioners to be able to produce quality, clear legal documents that do not give rise to multiple interpretations, thereby supporting the creation of an effective and just legal system.

Online Buying And Selling In The Pre-Order System From An Islamic Legal Perspective Syamwil, Ahmad Nizar Mohammad; Hasibuan, Mhd Soleh
AT-TAFAHUM: Journal of Islamic Law Vol 5, No 1 (2021)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.7006/attafahum.v5i1.29221

Online buying and selling using a pre-order system is a modern form of transaction in muamalah activities that has developed along with advances in digital technology. This system allows buyers to place orders and pay in advance, while the goods are delivered at a later date according to the agreement between the seller and buyer. From an Islamic legal perspective, this practice bears similarities to the salam contract, which is a transaction involving advance payment and future delivery of goods. This study aims to analyze the pre-order buying and selling mechanism and assess its compliance with Sharia principles. The results indicate that pre-order transactions are essentially permissible as long as they meet the pillars and conditions of the contract, such as clarity of the goods, price, delivery time, and a clear agreement between the two parties. However, this practice also has the potential to pose risks such as unclear goods, delayed delivery, and elements of gharar (unclear risk), which can harm one of the parties. Therefore, the principles of transparency, honesty, and responsibility are required in its implementation to comply with the values of justice in Islamic law.

Comparison of the Concept of Maslahah in the Thought of At-Thufi and Al-Syathibi and its Relevance in Islamic Law Siregar, Ayu Juniaty; Solin, Rina
AT-TAFAHUM: Journal of Islamic Law Vol 8, No 2 (2024)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.7006/attafahum.v8i2.29112

This study discusses the comparative concept of maslahah in the thoughts of Najm al-Din al-Tufi (At-Thufi) and Abu Ishaq al-Syathibi and its relevance in the development of Islamic law. Maslahah as an important principle in ushul fiqh has a strategic role in establishing laws that are in accordance with human needs and changes in shari'a. At-Thufi tends to give a strong position to maslahah, even in certain conditions it can be prioritized over dzanni texts, especially in the realm of muamalah. Meanwhile, Al-Syathibi places maslahah as the main objective of sharia (maqasid al-shari'ah) which must remain within the corridor of the text and not contradict the qath'i argument. This study uses a qualitative method with a library research approach through analysis of classical and contemporary ushul fiqh literature. The results of the study show differences in epistemological approaches between the two, but both emphasize that maslahah is the core of the objectives of sharia. The relevance of both of their thoughts is very important in answering the dynamic and complex issues of contemporary Islamic law.

Outline Of The Development Of Military Criminal Law In Indonesia HM, Misdin Arifin; Ginting, Dian Safitri
AT-TAFAHUM: Journal of Islamic Law Vol 9, No 2 (2025)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.7006/attafahum.v9i2.29147

This study aims to examine the broad development of military criminal law in Indonesia using normative legal research methods. The approaches employed include legislative and historical approaches to trace the dynamics of military criminal law regulation from the colonial period to the modern era. The results indicate that military criminal law in Indonesia was initially an adoption of the Dutch colonial legal system, which was then maintained and adapted after independence. Over its development, military criminal law has undergone a transformation toward a more modern national legal system while retaining its distinctive characteristics as an instrument for enforcing discipline in the military environment. However, this development also faces various challenges, such as the dualism between military criminal law and general criminal law and the suboptimal updates to the Military Criminal Code (KUHPM). Furthermore, there is a need to align military criminal law with the principles of the rule of law, transparency, and human rights protection. Therefore, efforts to reform regulations and harmonize laws are needed to create a more effective, just, and accountable justice system. This research is expected to contribute to the development of military criminal law in Indonesia and serve as a reference for further research.

Review of Islamic Criminal Law on the Crime of Rape Safikoh, Aniksya Nabila; Harahap, Yusuf
AT-TAFAHUM: Journal of Islamic Law Vol 7, No 2 (2023)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.7006/attafahum.v7i2.29344

This article aims to comprehensively discuss and assess the crime of rape within the context of Indonesian criminal law. The crime of rape is regulated under Article 285 of the Indonesian Criminal Code, which encompasses various elements that must be met, one of which is the element of violence. This element of violence is the main distinguishing factor between rape and other moral violations regulated in the Criminal Code. In the justice system, law enforcement officers impose appropriate penalties on perpetrators of sexual violence to uphold the rule of law, maintain social order, and provide a deterrent effect so that perpetrators do not repeat their actions, while also serving as a deterrent so that others do not commit similar acts.

Maqasid ash-Syariah Approach to Jarimah Al-Riddah Imamuddin, Imamuddin; Siahaan, Raja
AT-TAFAHUM: Journal of Islamic Law Vol 6, No 2 (2022)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.7006/attafahum.v6i2.29345

The research method used is qualitative with a normative juridical approach through literature study. Data were obtained from Islamic legal sources such as the Qur'an, hadith, and relevant classical and modern fiqh literature. Data analysis techniques were carried out descriptively and analytically by examining the concept of jarimah al-riddah and linking it to the principles of maqashid sharia, such as hifz al-din, hifz al-nafs, and hifz al-'aql. The results of the study indicate that the maqashid sharia approach provides a more comprehensive and contextual understanding of jarimah al-riddah. It is not only understood as a violation of religion, but must also consider the protection of human rights, freedom of belief, and the public interest. Therefore, a wise and proportional interpretation is needed so that the application of the law remains in line with the main objectives of sharia, namely realizing justice and avoiding harm.

Inclusion of Ethics in the Academic Community in the World of Higher Education Imamuddin, Imamuddin; Ananda, Adira Rizqi
AT-TAFAHUM: Journal of Islamic Law Vol 5, No 2 (2021)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar

Education is a means and also an effort to change behavior humans (students) become better. This is because in the world education, especially higher education, does not only provide teaching to students but must also include the formation of attitudes and personality, which is important in facing the nation's moral crisis Indonesia. For this reason, education has a responsibility that is not light to prepare human resources to build the country development always closely related to developments in the times and always gives rise to new problems that have never been thought about before but still need to be addressed wisely and elegantly. The inclusion of ethics and cultural values is an effort in order to help humans to instill moral or ethical values good things in everyday life so that it will form a good individual understand moral values, be dignified and have good character and have commitment to act consistently.

Basic Human Rights Instruments in the Perspective of International and National Law Anam, Hairul; Utami, Diana Sri
AT-TAFAHUM: Journal of Islamic Law Vol 8, No 2 (2024)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.7006/attafahum.v8i2.29029

The enforcement of human rights in Indonesia currently faces a number of significant challenges. For example, economically, a large portion of Indonesians is trapped in poverty, and many people commit human rights violations due to economic factors. Human rights issues are not only a national issue but also a global one. The existence of human rights can have an impact on fundamental obligations, both of which are interconnected and go hand in hand. In this context, the solution offered to address the challenges of human rights enforcement in Indonesia is to reconstruct the national legal system, including restructuring law enforcement institutions. This step can improve the national legal system and significantly impact the mechanism for enforcing human rights.

A Legal Analysis of Changes to the Severance Pay Calculation Formula Meknesya, Chifa Aznaya Adly; Arif, Muhammad
AT-TAFAHUM: Journal of Islamic Law Vol 9, No 2 (2025)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.7006/attafahum.v9i2.29038

Fundamental changes in the termination compensation scheme following the enactment of the omnibus law have triggered a reorientation of workers' rights protection in Indonesia. This study aims to examine the legal transformation of the severance pay calculation formula from Law Number 13 of 2003 to Law Number 6 of 2023 concerning Job Creation. Using normative legal research methods with a statute approach and a conceptual approach, this study analyzes the implications of this shift in norms for the certainty of workers' rights. The results show that this transformation not only changes the nominal value by reducing the multiplier but also shifts the protection paradigm from job security to flexibility. The correlation between the decline in severance pay and the certainty of workers' rights indicates a degradation of economic value that has not been fully compensated by the job loss insurance program. Furthermore, an analysis of the Constitutional Court's ruling emphasizes the importance of the constitutionality of norms that must balance investment facilitation with the right to a decent living. This study concludes that regulatory synchronization following the Constitutional Court's ruling is crucial to prevent legal uncertainty that harms industrial stability and worker welfare.

Utilization of Commercial Law to Promote Public Welfare and Legal Certainty for Business Actors Fesya, Aicha Azdina Adly; Siregar, Alya Rayana
AT-TAFAHUM: Journal of Islamic Law Vol 7, No 2 (2023)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.7006/attafahum.v7i2.29059

The use of commercial law plays a strategic role in promoting public welfare while ensuring legal certainty for business actors. This study aims to analyze how commercial law instruments, including agreements, consumer protection, and competition regulations, can be optimized to create a fair, transparent, and sustainable business climate. The method used is a normative juridical approach with a literature review of laws and related literature. The results show that strong legal certainty increases business and investor confidence, thereby encouraging economic growth and expanding employment opportunities. Furthermore, effective legal protection can also reduce fraudulent practices and business disputes. Therefore, optimizing the use of commercial law is key to realizing public welfare and national economic stability. However, challenges remain, including weak law enforcement, low legal literacy among small business actors, and inconsistent regulations. Therefore, policy reform, capacity building of law enforcement officers, and ongoing education are needed to optimally achieve these goals.

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Abstract

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Contact Name
-

Contact Email
-

Phone
-

Journal Mail Official
-

Editorial Address
-

Location
Kota medan,

Sumatera utara

INDONESIA